PRE-COUNCIL WORK SESSION, THURSDAY
December 17, 1998 8:30 A.M.
CITY COUNCIL OF THE CITY OF ABILENE, TEXAS,
BASEMENT CONFERENCE ROOM, CITY HALL
The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on December 17, 1998 at 8:30 A.M. in the Basement Conference Room of City Hall. Mayor Gary D. McCaleb was present and presiding with Councilman Paul R. Vasquez, Councilwoman Carol Martinez, Councilmen Rob Beckham and Versie L. Brown, Jr., and Councilwoman Kay Alexander. Also present were City Manager Roy L. McDaniel, Assistant City Manager Mike Morrison, City Attorney Sharon Hicks, City Secretary Jo Moore, and various members of the City staff. Councilman A. Don Drennan, was absent.
The Council briefly discussed various consent and regular agenda items. On Item 3.3, Oral Resolution authorizing the City Manager to execute an agreement with Delta Airport Consultants, Inc. for the Master Plan update services at the Abilene Regional Airport, City Manager Roy McDaniel recognized Airport Board Member Larry Gill, who stated this item is one more step in a community effort to promote the Airport. Rick Crider, Airport Manager, distributed an overview of the consultant selection process, stating the Master Plan Update will paint a picture of the future. Mr. McDaniel stated Item 4.3, Z-05398 to rezone from Agricultural Open Space & Light Industrial to General Commercial district located at the southeast corner of Industrial Blvd & Loop 322, is a request from Cisco Junior College and poses no problems except the site is in the Airport flight path. Cisco representatives are aware of this potential noise problem and have voiced no concerns. Rick Crider, Airport Manager, reported on the Regional Jet Services, noting the services have been well received and they are hoping for additional regional jet services. Mr. Crider further stated the expansion at the Airport is proceeding well, and land use planning is under discussion with a lot of good solid community support being received. There being no further discussion, the meeting was recessed until 9:00 a.m. for the regular Council Meeting.
REGULAR CITY COUNCIL MEETING
December 17, 1998 9:00 A.M.
CITY COUNCIL OF THE CITY OF ABILENE, TEXAS
CITY COUNCIL CHAMBERS OF CITY HALL
Mayor McCaleb reconvened the City Council of the City of Abilene, Texas, into Regular Session December 17, 1998 at 9:00 a.m. in the City Council Chambers of City Hall.
Councilman Rob Beckham gave the invocation.
Sheridan Davis, 1st grader at Wylie Elementary and daughter of City Attorney Sharon Hicks, led the pledge of Allegiance.
DISPOSITION OF MINUTES
Due to Council meetings being held back to back on December 10, 11, and 17, minutes from the December 10 & 11 meetings will be prepared and submitted for Council consideration with the December 17 minutes at the regularly scheduled meeting on January 14, 1999.
CONSENT AGENDA
Councilwoman Alexander moved to approve consent agenda items 3.1 through 3.4, and approval of first reading of Item 3.5, as recommended by the staff. Councilwoman Martinez seconded the motion and the motion carried.
AYES: Councilman Vasquez, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander and Mayor McCaleb.
NAYS: None.
ABSTAIN: Councilman Beckham on Item 3.5 only.
Resolutions
Bid Awards
3.4 Polyethylene refuse containers, Bid #CB-9027. The bid was awarded for unit prices bid as follows: 300 gallon containers to RMI-T of Gainesville, TX and 95/100 gallon containers to Roto Industries, Inc. of Anaheim, CA, as recommended by staff.
Ordinances
3.5 Z-03998 – Add MX (Mixed Use Overlay) to underlying RM-3 (Residential Multi-Family) district located in the 3500 block of S. 14th Street, and set a public hearing for January 14, 1999 at 9:00 a.m.
AN ORDINANCE AMENDING CHAPTER 23, "PLANNING AND COMMUNITY DEVELOPMENT," SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES, AS DESCRIBED BELOW, DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.
REGULAR AGENDA
Ordinances:
4.1 Cindy Cullen, Technology Liaison, briefed the Council on an Ordinance to amend Chapter 12, "Franchises", of the Abilene Municipal Code. Staff recommends approval.
Mayor McCaleb opened a public hearing on the item, and there being no one present and desiring to be heard, the public hearing was closed.
Councilman Brown moved to approve the Ordinance to amend Chapter 12, "Franchises," of the Abilene Municipal Code as recommended by staff. Councilman Vasquez seconded the motion and the motion carried.
AYES: Councilman Vasquez, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander and Mayor McCaleb.
NAYS: None.
The Ordinance is numbered 63-1998 and is captioned as follows:
AN ORDINANCE OF THE CITY OF ABILENE AMENDING CHAPTER 12, "FRANCHISES" OF THE ABILENE MUNICIPAL CODE; PROVIDING A SEVERABILITY CLAUSE, DECLARING A PENALTY AND CALLING A PUBLIC HEARING.
4.2 Cindy Cullen, Technology Liaison, briefed the Council on an Ordinance to establish a renewed cable franchise agreement with TCA Cable for the provision of cable services within the City of Abilene. Staff recommends approval.
Mayor McCaleb opened a public hearing on the item, and there being no one present and desiring to be heard, the public hearing was closed.
Mayor McCaleb questioned the amount and expense of fiber optics in the rebuilding of the cable system. Ruben Reveles, General Manager of TCA, stated fiber optics will be throughout the city, and further stated he is comfortable in meeting the 30-month deadline, possibly exceeding it. Mr. Reveles also stated there will be more choices to customers with more channels and specialized packages, and cost would be in line with services, and he will keep the Council apprised of the progress.
Councilwoman Martinez stated appreciation to Mrs. Cullen for her work on the Ordinance and in working so well with everyone.
Councilwoman Martinez moved to approve the Ordinance to establish a renewed cable franchise agreement with TCA Cable for the provision of cable services within the City of Abilene, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilman Vasquez, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander and Mayor McCaleb.
NAYS: None.
The Ordinance is numbered 64-1998 and is captioned as follows:
AN ORDINANCE GRANTING TO TCA CABLE PARTNERS II, THE RIGHT, PRIVILEGE AND FRANCHISE TO PROVIDE WITHIN THE BOUNDARIES OF THE CITY OF ABILENE CABLE SERVICES; AND PROVIDING THEREIN FOR SERVICES, EQUIPMENT AND FACILITIES; A TERM; FRANCHISE FEES; OTHER DUTIES; AMENDMENT; ACCEPTANCE OF FRANCHISE; PUBLICATION; AN EFFECTIVE DATE; A SAVINGS CLAUSE; NOTICE TO PARTIES; AND CALLING A PUBLIC HEARING.
4.3 Jeff Armstrong, Development Services Administrator, briefed the Council on Z-05398 – Ordinance to rezone from AO & LI (Agricultural Open Space & Light Industrial) to GC (General Commercial) district located at the southeast corner of Industrial Blvd. & Loop 322. The Planning and Zoning Commission and staff recommend approval. It was noted that the General Commercial zoning would be more compatible for an area considered to be along a visual pathway where development is foreseen in the future. Also noted was a concern with the property being located in the Airport flight pattern and the associated noise and height limitations, which the proponent is aware of.
Mayor McCaleb opened a public hearing on the item, and the following individual spoke in favor of the request:
Jerry McAlister, agent for the proponent, clarified that no definite timeline has been established, and then outlined the expected process.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman Beckham moved to approve the Ordinance to rezone from Agricultural Open Space and Light Industrial to General Commercial district located at the southeast corner of Industrial Blvd. & Loop 322, as recommended by staff. Councilman Vasquez seconded the motion and the motion carried.
AYES: Councilman Vasquez, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander and Mayor McCaleb.
NAYS: None.
The Ordinance is numbered 65-1998 and is captioned as follows:
AN ORDINANCE AMENDING CHAPTER 23, "PLANNING AND COMMUNITY DEVELOPMENT," SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES, AS DESCRIBED BELOW, DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.
4.4 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading - TC-06098 – Thoroughfare abandonment of Lytle Way from the west r-o-w line of Loop 322 west 348’+ to the end of the street. The Planning and Zoning Commission and staff recommend approval, subject to retaining utility and draining easements.
Mayor McCaleb opened a public hearing on the item, and there being no one present and desiring to be heard, the public hearing was closed.
Councilman Vasquez moved to approve the Ordinance for thoroughfare abandonment of Lytle Way from the west r-o-w line of Loop 322 west 348" + to the end of the street, subject to retaining utility and drainage easements, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilman Vasquez, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
The Ordinance is numbered 66-1998 and is captioned as follows:
AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A PORTION OF PUBLIC RIGHT OF WAY; PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH ABANDONMENT, AND CALLING A PUBLIC HEARING.
4.5 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading - Z-06198 – Add H (Historic Overlay) to underlying CB (Central Business) district located at 1102 N. 3rd Street. The Planning and Zoning Commission and staff recommend approval.
Mayor McCaleb opened a public hearing on the item, and the following individual spoke in favor of the request:
. Bill Wenson, agent for the proponent, briefed the Council on the progress to date, stating the building is now vacant and options for the building are being analyzed, and a viable plan for the building will be brought before the Council.
There being no one else present and desiring to be heard, the public hearing was closed.
Mayor McCaleb expressed appreciation for how the occupants were handled, stating there have been no complaints from the residents.
Councilwoman Alexander moved to approve the Ordinance to add Historic Overlay to underlying Central Business district located at 1102 N. 3rd Street, as recommended by staff. Councilman Brown seconded the motion and the motion carried.
AYES: Councilman Vasquez, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
The Ordinance is numbered 67-1998 and is captioned as follows:
AN ORDINANCE AMENDING CHAPTER 23, "PLANNING AND COMMUNITY DEVELOPMENT," SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES, AS DESCRIBED BELOW, DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.
Other Business:
Mayor McCaleb recessed the Council into executive session pursuant to Sections 551.071, 551.074, and 551.072 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigation, to consider the appointment and evaluation of public officers, and for deliberation regarding real property.
The Council reconvened from executive session and reported no action taken.
5.4 City Manager Roy McDaniel briefed the Council on an Oral Resolution approving the acquisition of real estate at the southwest corner of N. Treadaway Blvd. and N. 2nd Street from Union Pacific Railroad Company with TIF funds in the amount of $400,000. Staff recommends approval.
Councilwoman Martinez moved to approve by Oral Resolution the acquisition of real estate at the southwest corner of N. Treadaway Blvd. and N. 2nd Street from Union Pacific Railroad Company with TIF funds in the amount of $400,000. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilman Vasquez, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
There being no further business, the meeting adjourned at 10:45 a.m.
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Jo Moore, City Secretary
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Gary D. McCaleb, Mayor